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Child Custody Law and Visitation Laws and Family Courts Are Not All The Same Across the Nation … a State … a County … the Family Division of the Local Courthouse

Janet Langjahr — Wed, 13 Jul 2011 17:13:29 +0000

Every state makes its own laws regarding child custody and parental responsibility, and child visitation and timesharing. Beyond the precise language set forth in the statute books, every state’s divorce courts and family courts impose their own unique judicial interpretation of those laws and implement enforcement based, to a large extent, on that interpretation. For those reasons, among others, rulings and judgments in each state’s divorce courts and family courts can vary dramatically, perhaps even more than the wording of their respective state laws might suggest.

A Michigan father contends that many Michigan fathers divorced or separated from their children’s mothers are largely excluded from their children’s day to day lives. And he reports that a whopping forty percent of kids across the US do not have their biological father living in their home.

Despite the evolution of the law governing child custody and parental responsibility, this father indicates that Michigan fathers are ten times more likely to “lose custody” of their children in a custody battle with the children’s mothers. In Michigan cases where the family court awards sole custody to one of the children’s parents, it is awarded to the mothers a staggering ninety-two percent of the time.

Perhaps even more shocking in this day and age, Michigan fathers are reportedly awarded joint custody of their children in only thirteen percent of custody disputes.

And, it is said that the typical Michigan visitation and timesharing schedule grants the noncustodial parents a meager four overnight visits per month.

All combining to effectively isolate many Michigan fathers from their children’s everyday lives of school, extracurricular activities and friendships.

This Michigan father advocates for equal timesharing for fit fathers in Michigan. Both for the fathers’ sakes and for the children’s sakes.

All of the above may seem to be a sad commentary on the state of divorce and child custody laws and visitation and timesharing law as applied in Michigan and, likely, other states as well.

Florida’s child custody and parental responsibility laws and timesharing and visitation laws are drafted so as to be more sensitive to the best interests of children whose parents are no longer together. And the policy of Florida divorce courts and family courts is to be more sensitive to the best interests of children whose families are no longer intact.

Of course, each Florida county and each Florida family court room within each county is somewhat unique.

Any father who identifies with what this Michigan father has to say and who has a child subject to the jurisdiction of the Florida family courts should consult with an experienced Florida child custody attorney. Whatever the law and practice in Michigan, a fit father should be able to look forward to a much better outcome in a child custody dispute in a Florida family court.

Should A Biological Mother Be Financially Accountable to a Father Under the Law, Who Turns Out Not to Be Their Child’s Father Biologically?

Janet Langjahr — Tue, 28 Jun 2011 23:57:08 +0000

Tennessee Husband and Wife have a Son together.

Husband and Wife divorce.

Son now lives primarily with Husband.

Husband learns that Son is not Husband’s biological offspring, but rather the product of an affair by Wife.

Husband sues Wife to recover child support and for damages due to emotional distress caused by Wife’s fraud.

At trial, the family court awards Husband $26,000 in child support and $100,000 in emotional distress damages.

Wife appeals. And the intermediate level appellate court strikes the financial awards to Husband.

Husband appeals. And the state Supreme Court will address for the first time whether a defrauded father may sue for child support and/or damages due to paternity fraud.

This is an issue that will not go away. After years of lobbying by men’s rights groups, numbers of states, including Florida, passed legislation permitting legal fathers to disprove that they are the biological fathers of their legal children and avoid future child support payments.

The catch is that the legal father must mount his legal challenge pretty quickly. And that is believed to be true in the other states as well as Florida.

Further, the sole remedy to date is believed to be termination of child support, but not recovery of previously paid support – or damages. That would represent a significant departure and a new page in our law books.

Not to mention the impact it would have on the innocent children who are the subjects of these disputes.

Cheating Fathers May Assert Parental Rights

Janet Langjahr — Tue, 31 May 2011 03:55:16 +0000

Kentucky Wife cheats on her husband. Wife gets pregnant and has Baby.

Wife’s Boyfriend seeks parental rights and responsibilities, including timesharing and visitation with Baby.

Under long-settled legal precedents, where a mother’s marriage is intact, in the eyes of the law, the mother’s husband is (conclusively) presumed to be the father of the mother’s child.

The Kentucky Supreme Court overturns that precedent in favor of a more scientific and pragmatic approach looking to DNA testing rather than blind rules of law.

Divorce Encroaches On Rural America

Janet Langjahr — Fri, 25 Mar 2011 03:20:38 +0000

As recently as the 1970s, rural Iowa boasted a divorce rate out of 1910s America at large.

And there were hardly any paternity cases for child support and/or child custody, between parents who were not married.

Rural Iowans went to church regularly, mothers stayed at home with children and, well, people in their world did not divorce.

But forty years later, things have changed … in a big way.

Except for the fact that most rural Iowans still belong to a church and attend regularly, now, rural Iowa pretty much mirrors the rest of America.

Rural Iowa women today are more likely to be college-educated than in the past … and more likely to be college-educated than rural men.

They are out in the workforce.

Being divorced no longer carries much of a stigma in rural Iowa.

And divorce has multiplied there by a magnitude of seven times.

And rural Iowa now has its share of paternity cases for child support and custody disputes between unmarried parents.

Budget Cuts Threaten Our Family Courts (and All Courts)

Janet Langjahr — Wed, 12 Jan 2011 04:08:23 +0000

Budget cuts have been impacting the courts, including family courts, for years now – with no end in sight.

Leaving more cases, with fewer personnel and resources to process them.

Coaxing out every efficiency imaginable.

Encouraging introduction of electronic filing and eventual phasing out of paper filing.

All the while relentlessly inching ever-closer to testing the very limits of justice.

The above is from and about the courts of Oregon.

But it would seem to apply equally as well to Florida’s courts, including Florida’s divorce courts, in recent years.

North Koreans Held to Be Biological Children of Deceased South Korean Multi-Millionaire

Janet Langjahr — Thu, 16 Dec 2010 04:25:12 +0000

Father lives in South Korea.

Father has four children in South Korea.

Father dies … leaving behind a multi-million dollar estate.

Four people in North Korea believe that they are Father’s children as well, from a previous marriage when Father lived in North Korea.

The North Koreans file a paternity lawsuit in South Korea against Father in order to assert a claim directly against Father’s estate and/or indirectly against Father’s beneficiaries in South Korea.

DNA tests confirm that the four North Koreans are indeed Father’s biological children.

This litigation is reported to be the of its kind in South Korea.

The disposition of the case is anticipated to be followed closely by North Koreans and South Koreans.

Father Goes to Family Court Hoping for Timesharing and Visitation with His Baby Son … Despite Father’s Conviction of a Sex Offense … and New Charges against Him of Exposing Himself to Minors

Janet Langjahr — Mon, 13 Sep 2010 04:02:16 +0000

Father has a five month old Son.

Father seeks visitation and timesharing with Son.

One problem.

Father is a convicted sex offender.

Another problem.

Father is about to be arrested on new charges, of exposing himself to two children.

Although the new charges are misdemeanors, normally punishable by confinement for no longer than a year, the prosecution is seeking an enhancement that could subject Father to incarceration for life.

Father’s parental rights to two other children of his have previously been terminated.

The family court denies Father visitation with Son.

But sets another hearing regarding psychological counseling Father will be required to undergo before timesharing with Son can be considered.

Mother has supervised visitation with Son.

One Way to Win Custody May Be By Misleading the Court, Based on One Father’s Case

Janet Langjahr — Sun, 25 Jul 2010 03:55:27 +0000

Mother has a Son.

Mother is unable to parent Son adequately.

The two most likely biological fathers undergo DNA paternity testing.

Mother’s parents, Grandparents, obtain sole custody of Son from his birth, reportedly by repeatedly testifying in Court that Son’s father is “unknown”.

But the testing shows that Father is Son’s father.

The California family court later rules that Father should have custody of Son.

But, three years have gone by and Son is still with Grandparents as a result of Grandparents’ initial alleged fraud.

Grandparents deny knowledge of Father’s paternity at that time, even though the test results were available online (by identification code rather than name). Their attorney maintains that they saw only the other possible father’s negative test results.

Australian Family Court Allows Elusive Father to Be Served with Child Support Case Through … Facebook

Janet Langjahr — Mon, 14 Jun 2010 02:41:49 +0000

Australian Mother and Father conceive a child.

Their relationship is short-lived.

Father leaves the area.

Mother repeatedly attempts to contact Father, both through letters to his parents and letters to his new girlfriend.

Father, inferring that Mother is seeking child support, makes no response.

Mother is left with no option but to sue Father for child support.

But how can Mother serve Father if she can’t find Father (in the flesh)?

Well, in this particular instance, Father is active on the social networking site Facebook.

Under the circumstances, the Australian Court enters an order permitting Mother to have the elusive Father served with legal process via Facebook. The Court supports its ruling by simply acknowledging current technology in widespread use, and used in actuality by the intended recipient of service.

Shortly after Mother’s attorney forwards the legal documents to Father via Facebook, Father closes his Facebook account and also takes down his MySpace website.

Certainly sounds like Father has received Mother’s legal papers.

This case from Down Under should not be interpreted as approving electronic service of process in all US states or in all cases.

But it does go to show that, under the proper circumstances, in specific cases, courts are more and more likely to authorize service of process via e-mail and/or via social networking websites.

Father Awarded Custody of Missing Baby Mother Allegedly Absconded with Previously

Janet Langjahr — Sun, 04 Apr 2010 18:12:35 +0000

Mother and Father have Baby.

Mother and Father split up when Baby is less than one year old.

Custody battle begins.

Father is awarded timesharing or visitation with Baby.

Mother allegedly absconds with Baby last December.

Mother reportedly tells Father that she killed Baby. Then recants.

And then says she gave Baby away to a couple.

Mother is arrested for child abuse, kidnapping, custodial interference and conspiracy to commit custodial interference.

Family court now awards custody of Baby to Father in the event that Baby turns up.

Mother now refuses to provide any information about Baby to Family court or Father, apparently due to criminal charges pending against her.

Father seeks to hold Mother in contempt. A hearing on the contempt allegation will take place later this month.

Three May Be a Crowd, But They May Have to Co-Parent in California

Janet Langjahr — Sat, 20 Mar 2010 19:21:46 +0000

California lesbian couple have Twins.

Both partners are listed on Twins’ birth certificates and Twins’ have both partners’ names in their hyphenated surnames.

Shortly after Twins’ births, couple breaks up.

Biological Mother (Bio Mom) then takes up with sperm donor-Biogical Father (Bio Dad).

Lesbian couple had made no formal legal arrangements between themselves or, for that matter, with Bio Dad regarding Twins.

Bio Mom’s former lesbian partner (Other Mom) files paternity suit to get visitation with Twins.

California trial court orders shared legal custody of Twins between Bio Mom and Other Mom on a temporary basis.

Bio Mom, Other Mom and Bio Dad settle case, continuing same terms on permanent basis. Bio Dad’s rights, if any, are not known.

Bio Mom reportedly settled the case to avoid costly and drawn out litigation.

Unhappily Married and Drowning in Debt? Bankruptcy May Be the Answer

Janet Langjahr — Thu, 11 Mar 2010 14:39:40 +0000

Times are tough. Especially for those wishfully contemplating divorce.

Even more especially for those who are upside down in their homes and possibly facing foreclosure and/or overburdened by credit card debt.

For some, bankruptcy may be the best or only way not only to escape a bad marriage, but also to get their love lives and financial lives back on track, according to a bankruptcy attorney.

This strategy may work best where both spouses are on board with it and go through bankruptcy prior to final judgment in their divorce.

It is important to realize that bankruptcy cannot discharge alimony or child support obligations, past, present or future.

Also, the law has changed over the last several years, and debt may not be as freely dischargeable and marital property settlements may not be as easy to circumvent as in the past.

Still, consulting with a bankruptcy attorney knowledgeable of bankruptcy law as it applies to divorce and paternity-related issues just may make all the difference to those wishfully contemplating divorce but saddled with overwhelming debt.

Guess What? Unmarried Parents Don’t Have an Automatic Right of Appeal of Child Custody Rulings in all States

Janet Langjahr — Tue, 19 Jan 2010 18:13:41 +0000

Boyfriend lives in New York.

Girlfriend lives in New Hampshire.

Boyfriend and Girlfriend “meet” on the internet.

Couple has two Daughters.

Relationship sours.

Custody battle in New Hampshire begins.

Girlfriend accuses Boyfriend of sexually abusing Daughters and of “mental delusions”.

Boyfriend accuses Girlfriend of sexually abusing Daughters and of “mental delusions”.

Neither police nor child protection agencies in either of their states have taken any action against Boyfriend (or, apparently, Girlfriend).

Boyfriend [erroneously] contends that this proves that Girfriend abused him with false accusations … alienating their Daughters from him and manipulating the legal system.

Court concludes that couple cannot “co-parent”.

Therefore, court awards Girlfriend primary custody and majority timesharing.

Court also awards Boyfriend “liberal” visitation.

Seeking primary custody himself, Boyfriend files appeal … and learns that New Hampshire law denies unmarried parents in child custody cases, among other folks in family cases, an automatic right of appeal.

So, Boyfriend seeks a discretionary appeal. And loses.

Now, regrouping, Boyfriend asks the trial court to reconsider its ruling, a little late in the game. He is now asserting that different appellate rules based on marital status of parents is discriminatory and, therefore, unconstitutional.

Whatever else, New Hampshire’s unusual appellate rules do at least have the virtue of trimming the appellate dockets considerably.

Utah Supreme Court Recognizes Unmarried Fathers’ Rights

Janet Langjahr — Wed, 30 Dec 2009 00:38:24 +0000

Unmarried Utah Mother gets pregnant by Father.

When Son is born, Father’s name is listed on birth certificate as Father.

But Father is in jail when Son is born, so Father doesn’t sign birth certificate.

So Father’s name is removed from Son’s birth certificate.

After about six months in Mother’s care, Son is taken into protective custody by child welfare agency.

Son eventually is placed with a foster family, with whom Son has remained for a couple of years.

Child welfare agency takes steps to terminate Mother’s parental rights.

Father files motion to intervene in that case.

Father fails to undergo a DNA test to prove that he is Son’s biological father before the scheduled trial over termination of Mother’s parental rights.

Then Mother agrees to give up her parental rights to Son.

Son is freed up for adoption under Utah law.

And Utah court concludes that Father lacks legal standing to assert parental rights to Son any longer.

Father maintains that no one ever advised him of the importance of signing Son’s birth certificate or proving his biological relationship to Son via DNA testing shortly after Son’s birth.

Father appeals trial court’s dismissal of his motion to intervene in the case against Mother over custody of Son.

Breaking new legal ground in Utah, the appellate court reverses, and grants Father a hearing to prove that he is Son’s biological father.

All Father wants is the right to obtain pictures of Son and e-mails about his development, which Son’s foster parents were apparently unwilling to agree to.

Whaddya Mean Failing to Pay His Child Support and Getting into Physical Fights with the Mother of His Child Isn’t Neglect?

Janet Langjahr — Tue, 22 Dec 2009 23:48:19 +0000

A New York appellate case illustrates that courts, especially appellate courts, often do not think like ordinary people or, more particularly, share their sensibilities.

In that case, Father doesn’t pay his court-ordered child support (of $50 per month) for Baby, and Father argues and tussles with Mother at her home.

The trial court rules that Father’s behavior constitutes child neglect.

Many ordinary people would agree wholeheartedly.

But, on appeal to the intermediate level appellate court, the higher court reverses.

The appellate court explains that there is no evidence that Baby was harmed by Father’s failure to pay support, and no evidence that the disputes between Father and Mother harmed Baby in any way.

The appellate court does not condone Father’s conduct, of course, but it can’t say Father’s conduct amounted to neglect.

Don’t misunderstand, the Mother and/or Guardian and the child welfare agency do have other legal remedies against Father that they can pursue in court. But an action for neglect is not one of them.

University Develops Online Co-Parenting Course for Separated Parents That Graduates Report Really Helps!

Janet Langjahr — Wed, 09 Dec 2009 03:15:44 +0000

Many states offer or even require divorcing or separating parents to take a parenting class. Florida is one of those states, mandating a four hour class on co-parenting after separation.

Now, researchers at the University of Missouri’s Human Development and Family Studies program have developed an online program, called Focus on Kids Online, to comply with Missouri’s legal requirement. (Florida’s four hour class is also available online.)

Parents who have completed the Missouri program actually self-report better relationships and heightened awareness of problems – and solutions for those problems.

That is what may truly distinguish the University of Missouri program from its counterparts in Florida and other states.

Enthusiastic about the response, the University plans to offer the online program to other states in the future.

One suggestion in the program is that parents provide consistent routines and chores in each parent’s home. A great concept, but difficult to implement in practice.

Mother Stabbed to Death During Custody Battle

Janet Langjahr — Sun, 18 Oct 2009 00:27:24 +0000

Wisconsin Mother and Texas Father have been involved in lengthy child custody case over 4 year old Son.

Along the way, Father is held in contempt of court, with potential for jail time.

Custody evaluations by Wisconsin and Texas social workers are very close to being filed with the court. Father reportedly knows the recommendation of the Texas social worker.

Mother is stabbed to death at home. Son is at the home at the time.

Father is a suspect in the murder.

Son is with relatives in Wisconsin.

Hague Convention on the Civil Aspects of International Child Abduction is Wielded to Compel Little Girl with Heart Condition to Travel Back to Court on Spanish Island After Allegedly Being Ignored by Her Biological Father There for At Least Eight Months … After He Allegedly Consented to Her Return to the UK

Janet Langjahr — Fri, 02 Oct 2009 00:10:13 +0000

Unmarried British Mother and Spanish Father have Daughter together.

Daughter is born in UK.

The family lives in Tenerife Island, Spain for over a year.

Daughter has serious heart condition.

Mother and Daughter return to the UK.

According to Mother, Father encouraged them to return to the UK for family support.

Both Spain and the UK are parties to the Hague Convention on the Civil Aspects of International Child Abduction. Further, Tenerife law, apparently requires formal government permission to remove a child who has lived there for more than a year and who is the biological child of a Spaniard.

Father concedes that he does not take advantage of easy opportunities to visit Daughter and, according to Mother, Father never calls to find out about Daughter.

Nonetheless, some eight months of silence after Mother’s and Daughter’s return to the UK, police appear at Mother’s home and seize her passport.

Mother learns that she is required to return with ill Daughter to Tenerife, to appear in court there for the purpose of determining custody of Daughter.

Father reportedly now wishes to seek custody of Daughter.

Father comments that he does not want to go to court in England … because “it’s not my country”.

So much better to drag his sick child back to court in Tenerife.

Parenting Coordinators Revisited for People Hoping for Florida Uncontested Divorces or Uncontested Child Custody Cases

Janet Langjahr — Mon, 14 Sep 2009 04:26:17 +0000

They’ve been around for a while. But they weren’t universally or wholeheartedly embraced. Parenting coordinators.

But that will likely be changing next month. Due to a new statute.

And the recently imposed requirement that a parenting plan be made in Florida divorces involving children and Florida paternity cases involving children of separating parents who were never married.

A Florida parenting plan is a detailed statement of how parenting responsibilities (decisionmaking, timesharing and support) will be allocated between the parents. More detailed than marital settlement agreements and paternity settlement agreements have commonly been in the past.

Many parents find it difficult to agree on all of the provisions in a complete Florida parenting plan … Leaving it to the court to work out the details of the parenting plan.

Enter the parenting coordinator.

After the parenting plan is entered by the court, many parents find it difficult to live by the plan. Conflict erupts at exchanges.

Again, enter the parenting coordinator.

A parenting coordinator works with parents outside the courtroom to amicably develop or implement a parenting plan without litigation, to arrive at a Florida uncontested divorce or uncontested paternity case.

Depending on the wording of the order of referral to parenting coordination, the parenting coordinator may make recommendations to the court, or may actually have limited authority to rule on and decide certain disputes between the parents.

But parenting coordinators’ primary focus is to help the parents work together to resolve parenting disputes on their own without conflict.

Mother Returns from Iraq to Ignored Parenting Plan and Court Battle for Visitation with Her Baby

Janet Langjahr — Thu, 03 Sep 2009 03:14:42 +0000

New Jersey Mother and Father have Daughter.

Mother is deployed to Iraq for nearly a year.

Daughter is in Father’s care during Mother’s deployment.

Before Mother departs for Iraq, with the assistance of the military, Mother and Father devise a parenting plan for her return. Nothing goes through the courts though.

Mother returns.

Father denies Mother access to Daughter except for a few, short visits.

Father maintains that Daughter doesn’t really know Mother.

The military does nothing to enforce the parenting plan agreed to.

Now Mother and Father are going through the courts.

Each parents seeks sole custody of Daughter.

It has become commonplace for returning soldiers to find their custody or visitation whittled down. Returning mothers are experiencing this to an even greater degree than returning fathers.

Although there has been much lobbying for changes in law to prevent this from happening, remedial legislation has not gone as far as may be needed. The military has not pressed for more, not even enforcement authority for parenting plans.

Special statutes notwithstanding, deployment away from a one year old for an extended period of time poses challenges in protecting children’s interests and well-being that a family court judge cannot ignore.

Daughter cried upon Mother’s return.

A family court judge has given Father temporary residential custody of Daughter with provision for daily visits and weekly overnight visits to Mother.

Mother reports that she would oppose any threatened redeployment.

England: One Stop Domestic Violence Courts with Judges Who Award Custody and Divorce, Sentence to Jail and Enter Orders of Protection, Potentially All at the Same Time

Janet Langjahr — Fri, 21 Aug 2009 03:32:11 +0000

England is one-upping the increasingly common unified family court system.

In unified family courts, such as in Florida, the goal is for all cases involving a single family to ultimately be assigned to the same judge, be the case criminal, juvenile dependency, divorce or paternity, or criminal. That is the goal.

In England, victims of domestic violence can now come forward in a new dedicated domestic violence court and start the ball rolling in that one courtroom to obtain a divorce, child custody, an order of protection or injunction for protection against domestic violence, and a criminal charge against their abuser.

The judge will specialize in all these related issues and have power to implement all the above measures.

The courtroom will also have domestic violence victim advocates on hand.

In England, two women are killed each week by a current or former partner. Police there are summoned to an alleged incident of abuse every single minute.

Reprise: The Children’s Bill of Rights

Janet Langjahr — Tue, 14 Jul 2009 03:52:58 +0000

As part of a series of articles about divorce, the Tampa Bay Examiner takes the opportunity to reprint one version of the Children’s Bill of Rights. There are many versions, that express similar sentiments in somewhat different ways.

Any version is worth every separating parent’s review:

The right to be treated as important human beings, with unique feelings, ideas and desires, and not as a source of argument between parents.
The right to a continuing relationship with both parents and the freedom to receive love from and express love for both.
The right to express love and affection for each parent without having to stifle that love because of fear of disapproval by the other parent.
The right to know that their parents’ decision to divorce is not their responsibility and that they will live with one parent and visit the other.
The right to continuing care and guidance from both parents.
The right to honest answers to questions about the changing family relationships.
The right to know and appreciate what is good in each parent without one parent degrading the other.
The right to have a relaxed, secure relationshp with both parents without being placed in a position to manipulate one parent against the other.
The right to have the custodial parent not undermine visitation by suggesting tempting alternatives or by threatening to withhold visitation as a punishment for the children’s wrongdoing.
The right to be able to experience regular and consistent visitation and the right to know the reason for cancelled visits.

A North Carolina County Reduces the Need for Foster Care Through Preventative, Early Intervention

Janet Langjahr — Wed, 20 May 2009 03:50:47 +0000

In one North Carolina county, the number of children in foster care has gone down, pretty dramatically, over the last several years.

How did they accomplish it?

The child welfare agency there has been experimenting with several preventative, early intervention programs, using government and charitable funds grants.

Each program or service has a different focus, such as:

maintaining the involvement of fathers in their children’s lives
assigning a nurse to each new mother during her baby’s first two years
promoting relationships between parents and extended family members
offering therapeutic foster care services, to train and support parents of children with special needs
placing removed children with extended family members rather than in foster care with strangers

Between 2002 and 2009, the number of children in foster care in this North Carolina county shrank from 573 to 396.

Military Father Takes Baby From Mother and Then Baby Dies of Blunt Force Trauma While With Him

Janet Langjahr — Thu, 14 May 2009 03:28:24 +0000

Mother and Father have Baby.

Mother lives in North Carolina with Baby.

Father, a member of the armed forces, removes Baby and brings Baby to live with him on base in California.

Implication is that Baby may be at risk with Mother.

There is no information as to whether a court ever determined custody or whether Mother ever sought Baby’s return.

Some time later, seven month old Baby dies while in Father’s care.

Of blunt force trauma to head and abdomen.

Father arrested for child abuse causing death.

Father faces a maximum sentence of life in prison.

Skip the Fine Print at Your Own Peril .. and Expense

Janet Langjahr — Wed, 06 May 2009 13:47:12 +0000

Woman alleges that North Carolina Man is father of her child and should pay child support.

Man is certain he is not the father and willingly submits to DNA paternity test.

Test results arrive in Man’s mail.

Cover letter concludes that Man is the father.

Man reads on …

Actual report of test results states that Man is not the father.

Man reports inconsistency to testing company.

Company maintains that this is an unusual clerical mistake, which would have been caught even if Man didn’t catch the error.

In any event, Woman’s case is dismissed and Man can go on with his life, free of years of child support obligations.

Moral: When it comes to legal proceedings, read everything … all the way through.

One Ohio County is Latest to Offer Classes to Kids on How to Cope with Separating Parents

Janet Langjahr — Thu, 16 Apr 2009 04:29:44 +0000

Many states require separating parents to take a class on co-parenting after separation.

But some locales, recognizing an unmet need, are offering, even requiring, that children attend a class to help them deal with their parents’ separation.

Many children have difficulty talking to anyone, even their parents, about how they feel about the separation and the changes taking place in their lives.

Marion County, Ohio is tackling this problem with programs for kids in grades two to six and seven to twelve. The program utilizes books, workbooks and coloring books, depending on the ages of the children involved.

Feedback from the children is very good, suggesting that the children feel less isolated after the class.

The books also provide roadmaps to aid parents in try to get their kids to open up with them.

Interestingly, Marion County has what is known in Florida as unified family court. Meaning that one judge will guide each family through any probate, family and juvenile court issues.

Which may be the source of the county’s heightened sensitivity to kids’ difficulties with separation.

The various books use in the programs appear to be for sale to interested parties, wherever they may live.

Virginia Mother Allegedly Attempts to Murder Father Who Was Awarded Sole Custody of Their Daughter

Janet Langjahr — Wed, 08 Apr 2009 03:11:57 +0000

Virginia Mother and Father conceive a Child.

Mother and Father split up before Father learns of pregnancy.

Years pass.

Mother introduces Child to Father.

Father is now married to another woman.

Father seeks visitation.

Mother and Father engage in bitter court battle.

And then the Court reportedly awards Father sole custody.

Mother starts Children Without a Voice, an advocacy group for women who have lost custody to their children’s father.

Mother allegedly decides to hire a hit man to murder Father and get him out of the picture.

Except the hit man Mother pays is an undercover law enforcement officer.

Mother is arrested for solicitation to commit murder … and attempted murder.

Mother pleads guilty to attempted murder, and the remaining charges are dropped.

Mother faces two terms of incarceration for life, plus a $200,000 fine.

Of course, Mother still won’t have custody of Child.

And Mother’s visitation, if any, will be less than optimal.

Finally … A Separating Parents’ Class For The Parents Who Never Tied the Knot

Janet Langjahr — Mon, 06 Apr 2009 03:34:08 +0000

It’s very common for divorcing parents to be ordered to attend a parenting class for divorcing parents.

Never-married parents may be required to attend the same class, but they frequently feel that it “doesn’t apply to them”.

Ohio’s Stark County is attempting to address that program flaw by instituting a separate class for never-married parents.

The course emphasizes communications skills and appreciating the importance of both parents to a child.

The new program provides mediators and a psychologist to educate parents on “psychological wellness for kids”.

It is hoped that the new program will benefit the growing numbers of children of unmarried parents as well as the unmarried parents themselves.

In future years, the new course will be funded through court fees.

Kentucky Father Caught in Mexico After Allegedly Abducting Baby Daughter There

Janet Langjahr — Tue, 24 Mar 2009 00:10:30 +0000

Mother and Father have two year old baby Daughter.

Father allegedly takes Daughter out for a walk.

And disappears.

Again.

Father is reportedly caught … in Mexico, thanks to a phone call.

Daughter is back with Mother and her fiance in Kentucky.

Father will be extradited there on charges of interference with child custody.

Mother plans to seek sole custody of Daughter, with supervision of Father’s visitation.

Mother acknowledges Father’s importance to Daughter, but hopes he seeks psychological help.

Father Attempts to Grab Child, Allegedly Relying on Ohio Court Order Reportedly in Conflict with and Stayed by Florida Court Order

Janet Langjahr — Mon, 09 Mar 2009 03:28:53 +0000

Mother lives in Florida and Father lives in Ohio. Daughter is with Mother at time of events in question.

Father flies to Florida and allegedly physically collects Daughter and forces her into his car.

Father has a change of car waiting and uses second car to take Daughter to airport.

Father tries to board plane with Daughter when he is captured.

Father claims to have custody of Daughter, awarded to him by an Ohio court.

But Mother has an Order from a Florida court awarding her custody and staying the Ohio court’s order.

Conflicting custody orders from different states are typically avoided these days thanks to the Uniform Child Custody Jurisdiction and Enforcement Act, a body of laws widely adopted across the US to resolve which state has proper jurisdiction to decide custody of any particular child and mandating that other states remain hands-off.

Father is under arrest for interference with child custody.

International Custody Case Hard to Follow

Janet Langjahr — Thu, 12 Feb 2009 04:05:28 +0000

This case is almost as hard to follow as a sleight of hand trick.

Daughter, an American citizen, is in Mexico, with nonrelatives. That’s been the case for four years of the five year old’s life.

Her Father and Mother are US citizens in the US, although not together.

It all started when Daughter’s Mother married a Mexican man, identified him on Daughter’s birth certificate as Daughter’s father and then moved to Mexico when her new husband was deported.

Father only saw Daughter one time in her life.

But DNA testing confirmed that Father, not Mother’s husband, is Daughter’s biological father.

Mother returned from Mexico to the US for a few days, leaving Daughter behind with her husband.

And there Daughter has stayed ever since.

Mother was arrested and incarcerated.

Father was also incarcerated.

Mother and Father both agreed to give custody of Daughter to Father’s wife.

A Florida court even approved the custody agreement.

And so Father’s wife has been trying ever since to bring Daughter home to Florida.

But she’s gotten nowhere. She can’t even verify that Daughter is alive.

It turns out, Daughter is with Mother’s husband’s sister – who is fighting to keep Daughter there and has identified her as a Mexican citizen.

A hearing was finally held in Mexico.

Mother’s husband’s sister testified that Mexico was all Daughter knows and that her parents are both criminals who shouldn’t have her.

But the Mexican judge has not ruled, either way.

Allegedly because the Court was awaiting papers from the US government.

And Daughter remains in Mexico with nonrelatives.

Quebec’s Denial of Property Interests and Partner Support Claims To Cohabitants Under Challenge in Test Case Against Billionaire Father

Janet Langjahr — Mon, 02 Feb 2009 05:32:01 +0000

Canadian billionaire Father cohabits with much younger immigrant woman, Mother, for 10 years.

They have three children together.

They are not married.

Father pays $35,000 Canadian per month in child support.

Mother wants more.

Challenging Quebec province and other Canadian law that denies property division and alimony to common law partners or mere cohabitants, Mother sues for both.

Florida law also generally precludes a cohabitant from claiming an interest in the other partner’s property or seeking alimony or support other than for children in common.

This case has generated a lot of media attention in Canada.

Boy Ordered Returned to Father in US Under Hague Convention Found and Expected to Return to US Three Years Later

Janet Langjahr — Wed, 28 Jan 2009 04:30:35 +0000

Chinese Father. Israeli Mother. Son appears to be American. And home was United States.

Until Mother takes Son to Israel. And stays there. For three years.

Mother’s version of events:
Father raped her, and Son is the product of that rape. Father authorized passport and was aware of her plan to travel to Israel with Son.

2006 Court order under the Hague Convention on the Civil Aspects of International Child Abduction:
Son is to be returned to Father in the US.

Court order is found on Mother. Yet Mother claims not to have known about hearing.

Ironically, Mother is “caught” during a routine check having nothing to do with Son’s “missing” status.

Mother is arrested. Son is taken into protective custody.

South Dakota Supreme Court Awards Child Custody Based On … Child Support, Mostly, In One Case Anyway

Janet Langjahr — Sat, 24 Jan 2009 03:51:43 +0000

South Dakota Mother and Father split up before 5 year old Son is born.

Couple fight over custody and child support.

Mother is awarded temporary primary custody of Son, and Father is ordered to pay monthly temporary child support of $150. Later the amount is upped to $363.

Father continues to pay $150 for the next two years though. Father blames it on cash-flow problems in his farming business.

At trial, the court dismisses the child support issues as irrelevant to custody, and awards primary custody of Son to Father. Further, the Father manages to clear his arrearages by the second day of the trial.

But the main reason the trial court awards primary custody to Father is that Mother is allegedly alienating Son from Father.

On appeal, however, South Dakota’s highest court appears to second-guess the trial court’s factual findings, specifically rejecting the trial court’s finding that Mother has alienated Son from Father.

The South Dakota Supreme Court goes on to conclude that it would not be in Son’s best interests for Father to have primary custody, because Father hasn’t adequately provided for Son financially when Son was living with Mother.

Two judges dissent. The dissent seems more consistent with legal trends beyond South Dakota’s borders.

Father Allegedly Murders Baby Boy Intending to Avoid Child Support Arrearage

Janet Langjahr — Sat, 17 Jan 2009 04:40:21 +0000

Unmarried New Orleans Mother and Father separate.

Two year old Son lives with Mother.

Father chooses to have no contact with Son.

Court reportedly orders Father to pay child support arrearages of $4,000 for Son.

Father suddenly decides to exercise visitation with Son.

Father allegedly murders Son and leaves his body in a playground.

Father calls police and claims that Son has been abducted, although his story keeps changing.

Father is arrested on a charge of first degree murder.

Father confesses, saying he’s “sorry”, but that he has been under “a lot of pressure” because he doesn’t want to pay child support.

Abandoned Baby in Ohio Finally Placed in Father’s Custody

Janet Langjahr — Fri, 02 Jan 2009 16:41:29 +0000

Ohio Mother and Father have affair and conceive Baby.

Relationship apparently breaks up.

After Baby’s birth, Mother leaves Baby at a church in June without Father’s knowledge.

This abandonment does not comply with Ohio’s safe havens laws.

Mother is charged with child endangerment.

Baby, and Mother’s three other children, are all placed in foster care.

DNA test later determines paternity of Father in November.

Father and his family want Baby with them.

Court orders visitation with Baby at Father’s home.

Court adopts plan for Father to have custody of Baby before Christmas, with final hearing to take place in January.

AR: Biological Father Who Failed to File Marriage Certificate After Wedding, Ignored Paternity Action Against Him and Didn’t Pay Child Support Has No Standing to Challenge Child’s Adoption by Mother’s Next Husband Even Though Mother Never Divorced Father

Janet Langjahr — Mon, 22 Dec 2008 05:01:26 +0000

Arkansas man (Father) and woman (Mother) obtain marriage license and have a church wedding. For whatever the reason, the minister doesn’t sign the license and it is not filed with the county.

Mother and Father have Baby. Mother and Father break up eight years after wedding.

Mother files action to establish paternity of Baby.

Father ignores paternity case. Court rules that Father is the father of Baby and orders visitation and child support.

A few months later, the Mother marries another man, without obtaining a divorce from the Father of Baby.

Mother and her new Husband pursue stepparent adoption of Baby by Husband.

Father challenges adoption.

The trial court denies Father’s challenge, concluding that Father and Mother were never legally married because the marriage license was not filed and that Father had abandoned Baby by not paying support.

The intermediate appellate court reversed the adoption, finding that Father and Mother had been legally married, despite the licensing deficiency.

The Arkansas Supreme Court held that the default trial court judgment ruling that Mother and Father had never been married was binding, as well as the ruling determining that Father is the Father of Baby. The stepparent adoption was upheld.

Other states have come out differently on this issue.

Japan Cautiously Willing to Entertain Citizenship for Babies Born in Japan of Unmarried Japanese Men

Janet Langjahr — Mon, 15 Dec 2008 05:29:50 +0000

Unmarried Japanese citizen and foreign national conceive and have Baby in Japan.

Is the Baby a Japanese citizen?

Until recently, the answer would be no – unless the Japanese father acknowledges the Baby before its birth – or the father marries the mother before the Baby’s twentieth birthday.

But under a new Japanese law, if the Japanese father recognizes the Baby even after its birth, the Baby may apply for Japanese citizenship until just before its twentieth birthday.

Those most impacted?

The children of Filipino women who have relocated to Japan to get work.

The Japanese remain concerned about the possibility of paternity fraud.

The children of Japanese women with foreign men have fared better, even without a special statute. They have been allowed citizenship since 1985.

Reading, Writing and … Calculating Child Support Payments

Janet Langjahr — Fri, 12 Dec 2008 05:13:53 +0000

Texas had a higher rate of teen pregnancy than the national average. And unmarried fathers often weren’t involved with their kids.

In an effort to remedy both problems, Texas added Parenting and Paternity Awareness to its high school curriculum this year.

In the class, kids learn how to calculate Texas child support and to anticipate the cost of raising children.

They also cover some basic family law legal terminology. And the father’s role in parenting.

Will it reduce teen pregnancy? And increase teen responsibility for out of wedlock babies?

Only time will tell …

What Country Takes the Longest to Establish Paternity?

Janet Langjahr — Wed, 10 Dec 2008 15:15:06 +0000

Sweden just may win the prize. In at least one Swedish case, establishing paternity takes 14 years … and counting.

In Sweden, an unmarried mother is supposed to report her out-of-wedlock child’s birth to a social welfare administrative board (Board), so that it can determine the child’s father and implement child support.

The process of establishing paternity in Sweden is supposed to be completed within one year after the mother’s report.

But in this particular case, the father still has not been determined 14 years after the mother’s report.

As a result, the Board is now under review (and attack).

The Board’s defenses are that the father has been hard to get a hold off – and the mother has moved around a bit.

The more likely culprit may be that it appears that the case was mistakenly “archived” during a restructuring of storage of government records.

In the same area of Sweden, however, there are fourteen other open cases that have not been resolved within a year.

By comparison, Florida courts look positively speedy. Our typical paternity case is concluded in well under 14 years.

ND’s Fugitive Dismissal Rule Precludes Appeal By Abducting Mother Who Skipped Out on Modification of Custody Trial

Janet Langjahr — Fri, 05 Dec 2008 04:03:50 +0000

Mother and two Children all live in North Dakota, as does Father.

Mother has custody and Father has visitation.

Mother is found in contempt of court for denying Father access to Children.

Mother absconds with Children to Indian reservation in South Dakota – and fails to appear at modification of custody hearing in North Dakota.

North Dakota Court awards custody of Children to Father.

Mother appeals North Dakota modification of custody.

North Dakota Supreme Court dismisses Mother’s appeal under the “fugitive dismissal rule”.

It is generally not helpful to one’s cause to simply not show up for a trial. Nor to abscond with children in an attempt to circumvent an existing court order or an anticipated court order.

Idaho Biological Father Loses Parental Rights Because of Failure to Register with Putative Father Registry Before Child Was Adopted

Janet Langjahr — Tue, 18 Nov 2008 02:02:23 +0000

Idaho Father and Mother get pregnant. Father and Mother get engaged.

Six months into the pregnancy, Mother calls the engagement off, breaks up with Father and cuts Father out of her life completely.

Father claims to contact state department of health and welfare to find out how to protect his rights to his child. They supposedly tell him he must wait until baby is born.

Next thing Father knows, he hears Mother’s baby has been adopted. Without a word to him.

Father took his case all the way to the Idaho Supreme Court. But he lost.

Because he didn’t timely register with Idaho’s Putative Father Registry. Because he says he didn’t know about it.

A number of states, including Florida, now have a putative father registry scheme and a requirement to timely register with it to assert parental rights and block any adoption.

Despite Father’s wishes, Mother says it was best for the baby to put it up for adoption.

Brazilian-Chinese Boy May Become Subject of Second International Child Custody Battle After Landing in Foster Care in Brazil After Losing One Loved One After Another, In Two Different Countries

Janet Langjahr — Thu, 06 Nov 2008 16:12:34 +0000

Brazilian Mother and Chinese Father have Child together in Brazil. They all live in Brazil.

Until Mother dies when Child is about 4 years old. Then Father takes Child with him back to China.

Then Father dies. Child’s Chinese uncle takes him in.

A year or two later, Child’s Grandmother in Brazil sues for custody of Child. Grandmother wins.

Child goes back to Brazil with elderly Grandmother in 2004. And now Grandmother dies.

And now the Brazilian child welfare agency has placed Child into foster care, presumably because he has no other living relatives in Brazil.

But he still has living relatives in China. They are considering seeking custody of Child again.

Man Convicted of Strangling His Ex Girlfriend in Front of Their Baby Boy … Before Completing Probation for His Previous Assault On Her

Janet Langjahr — Thu, 06 Nov 2008 01:49:12 +0000

A 22 year old Minnesota man has been convicted of strangling his 19 year old ex-girlfriend … in front of their 2 year old son.

For his murder weapon, the man constructed a noose from shoelaces – and allegedly killed her because the young woman was a half an hour late picking him up for a shopping excursion.

After she was dead, he set fire to her body in her car.

At the time of the murder, the man was in the process of finishing out his probation for a previous assault on the young woman.

Under the terms of his probation, he was required to attend anger management … and avoid contact with the young woman.

It is unclear whether he attended the anger management …

The man now faces multiple life sentences.

The couple’s baby boy is now staying with his mother’s mother and her husband. The boy’s maternal grandparents are pursuing custody of the child and hope to adopt him.

The poor toddler sees a psychologist for night terrors.

OH: Statutory Rape Child-Victim Ordered to Pay Child Support to His Rapist, While His Parents Seek Custody of Baby

Janet Langjahr — Sun, 24 Aug 2008 04:21:52 +0000

Nineteen year old woman (Mother) and a fifteen year old boy (Boy) have sex, and a Baby is conceived.

The Mother is under a grand jury indictment for unlawful sexual conduct with a minor, which could lead to incarceration for a year and one-half as well as having to register as a sex offender.

Mother got acquainted with Boy and moved in with the Boy’s family after complaining of abuse by her stepfather.

Mother’s stepfather was allegedly convicted of domestic violence against Mother’s minor sister, specifically, striking, choking and pointing a gun at her.

For now, Mother and Baby are living with the Mother’s family, including the stepfather.

The Boy’s parents are seeking to obtain custody of the Baby due to the asserted unfitness of Mother and reported abusiveness of Mother’s stepfather.

In the meantime, an Ohio Family Court has ordered the Boy-victim to pay Mother $50 per month in child support.

It is unknown whether the amount of child support was based on an afterschool job or on the Boy’s allowance from his parents.

The Boy was also awarded seven hours per week of visitation with the Baby.