General legal information furnished as a service of Fort Lauderdale / West Palm Beach family law attorney Janet Langjahr
The first person to spot domestic abuse may be an unlikely prospect: the victim’s hair stylist, nail technician or massage therapist.
Victims often confide in these intimate professionals in comfortable surroundings - and then stop coming.
But that still leaves at least one final chance to get educational resources and sources of help into their hands first.
The abuse spotted may be a bruise - or an overwhelming exertion of control.
Read more in this Ft. Wayne News-Sentinel article: It isn’t always pretty.
Father lives in Canada. Mother now lives in Nebraska with daughter.
Canada still has jurisdiction over the child.
Mother alleges that Father has sexually and physically abused daughter, and seeks to block visitation ordered by Canadian courts. No criminal charges have been filed anywhere.
Nebraska courts agree with Mother and, exercising emergency jurisdiction, enter order to protect daughter.
The exercise of emergency jurisdiction under emergency conditions is not extraordinary. Typically, the court does what it must on a temporary basis to protect a child until the proper jurisdiction can proceed.
But Nebraska appears to have undertaken an extraordinary measure in this case.
According to reports, it seems that the legislature rushed through a special statute authorizing the Nebraska courts to seize continuing jurisdiction over the child.
If true, this would appear to violate both US child custody jurisdiction laws (UCCJEA and UCCJA Acts) and the Hague Convention on the Civil Aspects of International Child Abduction.
Read more in this Omaha World-Herald article: Foreign custody bill zips through to signature.
A Washington state judge excluded from evidence weapons found in the possession of an alleged felon previously convicted of domestic violence. The possession would have constituted a felony in and of itself.
Police reportedly observed the weapons in the felon’s bedroom when dispatched to the home on a new domestic violence call.
The judge held that the officers had inadequate basis to enter the bedroom of the renter despite the 911 call and permission by the owner of the house.
The court felt there was insufficient evidence of a threat to officer safety to justify the officers’ actions without the tenant’s permission. This conclusion may have been supported by the police officers’ failure to supervise or secure the weapons, undercutting the contention that the officers perceived a threat.
Read more in this Washington Tri-City Herald article: Guns thrown out as evidence in domestic violence case.
Three Jacksonville, Florida family court judges will undoubtedly remember one particular child custody case forever.
The child’s father apparently wasn’t satisfied with the outcome.
So he allegedly sent threatening e-mails to each of the judges who had been involved in his case - months and years before.
He demonstrated that he had their private residence addresses.
He sought criminal charges against the judges for their rulings.
And he was reportedly a military school graduate.
As a result of the judges’ complaints to law enforcement, the man has been charged with felonies, each count of which could send him to jail for 15 years.
As that father now knows, the above are not recommended strategies for challenging an unfavorable ruling.
Read more in this Jacksonville Florida Times-Union article: Judges in fear after e-mails.
The fastest-growing group of single parents in Western New York is single dads.
Households headed by single fathers skyrocketed 106 percent between 1990 and 2005, census data shows.
In part, these statistics bear out that child custody decisions today tend to be less about the gender of the custodial parent and more about serving the child’s best interests.
They also reflect that more fathers are seeking primary residential parent status these days.
Read more in this Buffalo [NY] News article: Dads gaining ground in parental rights issues.
A bill was just introduced in Illinois which would allow a divorcing party to have a jury serve as fact finder in his or her divorce case.
This represents a sharp departure from the established divorce law practice - except in Texas.
Proponents argue that having a jury ensures that the outcome will be more fair than leaving everything in the hands of a single judge would be.
Opponents argue that juries are inadequately trained to preside over family cases.
The need for juries in divorces is belied by the experience in Texas. With nearly 7,000 divorces statewide in the month of January of 2005, juries were opted for in only 75 cases that entire year.
Read more in this Illinois State Journal Register article: New legislation - Divorce juries - If passed, couples would have the option.
There’s no question that the process of getting a protective order has gotten much easier for victims of domestic violence. But there’s still plenty of room for improvement.
Two huge problems facing victims is that the incidents often occur during evening, nighttime and early morning hours - before most courthouses are open for business.
And many county court systems are highly centralized, necessitating a trip to a distant downtown area, which with victims may not be very familiar or comfortable.
Many areas have instituted half-measures intended to address these difficulties.
But Pittsburgh has taken a giant step forward.
In one Pittsburgh community, victims of domestic violence can head to a neighborhood hospital for emergency treatment.
And then visit the videoconference center in the emergency department of the neighborhood hospital to obtain a very temporary order of protection - even at night and on weekends.
This is a system designed with the needs of victims in mind. A model for communities everywhere.
Read more in this Pittsburgh Tribune-Review article: Site gives abuse victims a better chance.
I previously posted on Our Father Is Donor 150, Can We Talk?.
Since the media blitz over Donor Sibling Registry, at least one prolific sperm donor has thought about coming forward to his biological offspring.
And for Valentine’s Day 2007, that exactly what Sperm Donor 150 (a/k/a Jeffrey Harrison) did.
Since then he has spoken with several of his genetic progeny and met one in person.
Whatever the differences in their socioeconomic circumstances, they all seem to have in common a love of animals.
Will the newfound relationships endure and blossom? Only time will tell.
Read more in this New York Times article: Sperm Donor Father Ends His Anonymity.
Oklahoman serviceman has custody of his daughter. He gives guardianship of his daughter to his parents.
He reports for training prior to deployment to Iraq.
His ex-wife moves for modification of custody.
He is deployed - before being notified of his ex’s motion.
Despite intervention of military attorneys, a hearing on the wife’s motion is imminent.
Under the federal Servicemembers Civil Relief Act, the serviceman is entitled to a postponement under the right circumstances.
But, according to reports, not all state judges are familiar with the federal statute and how it may apply to state court family actions.
The military is fighting hard to acquaint the courts with the federal law and the need not to distract servicemembers with family worries at home.
Despite our society throwing more and more resources at ending domestic abuse and aiding domestic abuse victims, several recent reports cast doubt on how much progress is really being made.
The Vermont Network Against Domestic Assault and Sexual Violence reported that it served 50% more victims from 1997 to 2006.
The Vermont Criminal Information Center reported that incidents reported increased by 6% from 2003 to 2006.
And the numbers don’t begin to tell the story. According to a spokesperson for the Vermont Network, the individual incidents are also more serious.
So much so, that Vermont legislators are studying the domestic violence problem in greater depth in the hopes of coming up with a more effective and comprehensive legislative scheme to attack the problem.
According to reports, Arizona has also seen a rise in domestic violence incidents. Sometimes small measures can help.
The legislature there has recently introduced a bill to permit victims of domestic abuse who have been tracked down by their abusers to break their leases without financial penalty.
For many victims, being able to break a lease will make the difference in whether or not they will get away safely.
Six other states have statutes similar to the Arizona bill. Florida is not one of them.
Read more in this Boston.com article: Abuse seen more frequent, intense; lawmakers take notice and this East Valley [AZ] Tribune article: Bill would aid abused seeking to end leases.
An ex-husband and father was convicted by a jury of 18 felony counts of failure to support a child, after 90 minutes.
During the couple’s divorce, the man allegedly pretended to reconcile with his wife to “buy time” to buy a $63,000 sailboat (a year’s salary), saddling her with $44,000 of debt for which she was reportedly responsible under Wisconsin state law.
Then he disappeared on the boat, eventually settling in Florida. He allegedly changed his name and fraudulently worked under his new wife’s social security number.
She had to sell the family home to pay off his debts. And he never paid any child support or saw his kids again.
At his trial, he allegedly testified that he didn’t know that he had to pay support and that there was “nothing for him” in Wisconsin. And that he is destitute.
His ex-wife may never see the $250,000 plus he owes in back child support. But she may at least get to see him sentenced to up to 66 years’ incarceration.
That may have to be enough.
A new study conducted in Australia finds that it pays - literally - for “baby boomers” to stay married.
According to the study, members of the baby boom generation who divorced without remarrying were significantly less likely to become homeowners again after divorce - and had fewer assets and less income - than their married counterparts.
The study also concluded that men who remarried were more likely to “catch up” financially than women.
But, paradoxically, the study revealed that divorced women who remained single were more likely to become homeowners again than divorced men who stayed single.
Study aside, some spouses report, anecdotally, that they, personally, benefit financially from divorce.
All interesting observations but, in the final analysis, decisions on whether or not to divorce may turn upon more than balance sheets.
Read more in this All Headline News article: Divorce Effecting [sic] Baby Boomers Into Retirement.
Father has DNA test disproving his paternity of child for whom court ordered him to pay support.
But he didn’t get it until 3 years after a Florida court entered a child support order.
For that reason, the Florida Supreme Court upheld the child support order against the Father.
The Court noted that children are not disposable, which is consistent with a long line of cases from before Florida’s new paternity fraud law.
The Court reportedly did not even mention the new paternity fraud law, under which the Father is considering pressing a new legal challenge.
Read more in this Bradenton Herald article: Man may turn to ‘paternity fraud’ law.
First there was “have it your way…”.
Now, at least in Arizona, there’s “do it when it’s convenient for you…”. Appearing in family court, that is.
As of 2007, some Phoenix area family courts will be open evenings and weekends, conducting all regular court business, including hearings and trials. Some area juvenile courts will also be open.
The extra hours of operation were reportedly added in response to “customer” requests.
This is probably an idea whose time has come. There are many modest income, unrepresented parties with simple, amicable, uncontested divorces who can’t exit their marriage without going through the courts but still can’t afford to miss work or delegate child or parent care responsibilities.
Read more in this Arizona Capitol Times article: Juvenile, Family courts to hold night, Saturday sessions.
Twelve years ago, a Washington state family court awarded custody of a child to her mother in her parents’ divorce. Shortly thereafter, the father failed to return the girl from a holiday visit to Mexico.
Since then, the mother has given up everything to seek court orders in Washington and Mexico which would pave the way for her daughter’s return home. She got most of the court orders.
But her daughter remains in Mexico anyway.
Mexico is a party to the Hague Convention on the Civil Aspects of International Child Abduction.
But despite that, it reportedly has a poor track record of honoring the Convention and enforcing decisions made under it. The US government and its agencies have provided little, if any, help.
The warrant for the father’s arrest for custodial interference is, essentially, worthless.
Twelve years.
In three years, the child will be a legal adult. Maybe then her mother will be able to see her.
Read more in this YAKIMA HERALD-REPUBLIC article: Custody battle exposes difficulties with international law.
Bucking legal trends in the US Supreme Court and across the nation, one branch of the Arkansas legislature just passed a bill that would allow visitation to step-grandparents.
This comes at a time when true grandparents’ rights to visitation are generally being whittled away as encroaching into parents’ constitutional rights to raise their children as they see fit.
Opponents raise an additional argument: this is a slippery slope with no end in sight. For example, should a fifth cousin three times removed have visitation rights?
It remains to be seen whether the bill will pass the other branch of the legislature and then survive the constitutional attack that will surely follow.
At the same time as this bill wound its way through one house of the Arkansas legislature, another, just as controversial, wound its way through the other house.
The second bill to pass allows judges to appoint attorneys to cross-examine allegedly abused children on behalf of the accused abuser in criminal cases. The accused would be present in the courtroom, but would not directly question the child.
The latter bill is an effort to strike a balance between the constitutional right to confront an accuser and the policy of protecting children.
If passed by the other house, this bill will surely face constitutional attack as well, because criminal defendants assert that they have the right to represent themselves in court - whatever their motive.
All in an Arkansas legislator’s day’s work.
Last April, I posted on Biological Parents from Abroad Challenge US Adoption Six Years After Placing Child into Foster Care.
Now the Tennessee Supreme Court has ruled that the now-seven year old girl, having spent nearly all of her seven years with the former family friends who raised her, must return to live with the birth parents who voluntarily placed her with them.
This after a lower court terminated the birth parents’ parental rights, which ruling was previously upheld by an intermediate appellate court.
The birth parents have rights.
However, the unfortunate child impliedly does not.
Read more in this Memphis Commercial Appeal article: Anna Mae ruling likely will stick.
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